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Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, explains why there may be no early constitutional resolution to lawsuits against the Obama administration for everything from Obamacare to immigration.


“I believe that judicial review is needed to rebalance the powers of the branches in our system after years of erosion of legislative authority….The Executive is barred from usurping the Legislative Branch’s Article I powers, no matter how politically attractive or expedient it is to do so. Unilateral, unchecked Executive action is precisely the danger that the framers sought to avoid in our constitutional system. This case represents a long-overdue effort by Congress to resolve fundamental Separation of Powers issues.”